Louisiana Divorce FAQ — Most Common Questions (2026)

The Basics

Why does Louisiana use "Articles" instead of statutes? Louisiana is the only civil law jurisdiction in the United States. Its legal system derives from French and Spanish civil law, not English common law. The Louisiana Civil Code is organized into Articles, not statutes. For divorce, the key Articles are 102, 103, and the community property articles.

What is the difference between Article 102 and Article 103? Article 102 = file the Petition first, then wait for the separation period to expire. Article 103 = the separation period has already run before you file, so you can file immediately and get a quick judgment. Article 102 is used when you want to file now; Article 103 is used when you've already been separated long enough.

The Separation Period

How long is the required separation in Louisiana? 180 days if there are no minor children of the marriage. 365 days if there are minor children born of or adopted by both parties.

What counts as "children of the marriage"? Only minor children born to or adopted by both parties. Step-children from a prior relationship do not count. If both parties have no joint minor children, the 180-day period applies.

Community Property

Does the Judgment of Divorce divide our property? No. The Judgment of Divorce terminates the marriage. The community property must be divided in a separate partition — either by a Spousal Agreement (extrajudicial) or through a judicial partition proceeding.

When does the community property regime end? Under Article 102, the community of acquets and gains terminates retroactively to the date the Article 102 Petition was filed. Income and property acquired after that date is separate property of the earner/acquirer.

Covenant Marriage

How do I know if I have a covenant marriage? Check your marriage license. It will explicitly state "Covenant Marriage Declaration" if you entered one. Covenant marriages are relatively uncommon — most Louisiana couples have a standard marriage.

What if I have a covenant marriage? Different rules apply entirely. You need either fault grounds (adultery, abandonment, abuse, felony conviction) or a 2-year separation. Consult a Louisiana attorney.

Children

What is a "domiciliary parent" in Louisiana? The domiciliary parent is the parent with whom the child primarily lives. Louisiana uses this term instead of "primary physical custodian." The domiciliary parent makes day-to-day decisions for the child.

When does child support end in Louisiana? When the child turns 18, unless still in high school — then typically when they complete high school or turn 19, depending on current statute and the court order.

Forms

Where do I get Louisiana divorce forms? louisianalawhelp.org is the best centralized source. Because Louisiana has no statewide form system, also check your parish's District Court (Clerk of Court) website.

Do I need a Louisiana notary for the Spousal Agreement? Yes. Acts affecting real property in Louisiana must be in authentic form (before a notary) to be recorded. Even for non-real-estate matters, having the Spousal Agreement notarized is strongly recommended.

Last reviewed: March 2026 | Article 102 or 103 | Community ends on filing date | Partition is separate | 180 days (no children) or 365 days (with children) | louisianalawhelp.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.